The Western Cape High Court has dismissed an application seeking access to the Mowbray Cemetery Board’s bank statements, ruling that the records should remain confidential while allowing the court to inspect them solely to determine whether sufficient funds are available to facilitate the upcoming election of a new governing body.
Speaking to VOC News, legal expert Advocate Muhammad Abduroaf said the judgment is narrower in scope than many may believe and does not alter the court’s previous supervision of the election process.
“Dr Bassier made an application asking for the bank statements of the Cemetery Board, and the court said he is not entitled to them. The court only directed that it be given the bank statements to determine whether there are enough funds available to facilitate the election process,” he said.
Abduroaf explained that the court found there was no legitimate reason for Dr Bassier to receive the documents before the election, as any concerns about the previous board’s financial management can be addressed by the newly elected governing body once it assumes office.
“There’s no legitimate purpose for Dr Bassier obtaining those specific documents because the election is taking place, and the new board can determine whether there was any inappropriate conduct by the previous board,” he said.
The court ordered the Cemetery Board to submit its bank statements directly to the Registrar, where they will remain confidential pending further direction. It also ruled that the board must cover the remuneration and reasonable expenses of the independent panel overseeing the election.
Abduroaf said this was a practical decision that supports the court’s objective of ensuring an orderly election.
“I agree with the judge because the purpose of the election is to appoint a new committee. The Cemetery Board should pay for that process, and the court simply wants to ensure there is enough money available to do so,” he said.
The special general meeting to elect a new governing body is scheduled to take place on 23 August 2026 at the Castle of Good Hope in Cape Town. According to Abduroaf, the judgment clears the way for the election to proceed while maintaining a balance between financial transparency and orderly governance.
“The only real effect of this judgment is that the court will have a look at the bank statements. If there is enough money, the election should proceed, and once the new board is elected, it can decide how to deal with any financial issues going forward,” he said.
Photo: VOCfm
